City of Weston, MO General Provisions

[Ord. No. 9.004 Art. 1 §§1 — 2, 2-22-1972; Ord. No. 9.014 §3, 6-12-1978; Ord. No. 9.014.1 §3, 1-12-1987; Ord. No. 9.019 §3(A), 8-12-1985; Ord. No. 9.057 §3, 9-11-2006]

In the construction of this Chapter, the rules and definitions contained in this Section should be observed and applied, except when the context clearly indicates otherwise.

Rules For Construction Of Language — Rules Applying To Text. The following rules of construction apply to the text:

The particular should control the general.

In case of any difference of meaning or implication between the text and any caption or illustration, the text should control.

The word "shall" should be mandatory and not discretionary. The word "may" should be permissive.

Words used in the present tense should include the future; and words used in the singular number should include the plural, and the plural the singular, unless the context clearly indicates the contrary.

The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for" or "occupied for".

Unless otherwise specified, all distances shall be measured horizontally in any direction.

Definitions. The following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings:

ACCESSORY BUILDING AND USE

A subordinate building located on the same lot with the main building or a subordinate use of land, either of which is customarily incident to the main building or to the principal use of the land. Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner as by a roof, such accessory building shall be counted as part of the main building. An accessory use includes, but is not limited to, the following:

A children's playhouse, garden house and private greenhouse.

A civil defense shelter serving not more than two (2) families.

A garage, shed or building for domestic storage.

Incinerators incidental to residential use.

Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.

Accessory living quarters within an accessory building for the sole use of persons employed on the premises; such quarters not rented or otherwise used as a separate dwelling.

Off-street motor vehicle parking areas and loading-unloading facilities.

ACCESSORY OR ANCILLARY STRUCTURE

A subordinate building, detached and usually non-habitable, the use of which is incidental to that of the primary structure on a site, including garages, carriage houses, greenhouses, playhouses, etc.

[Ord. No. 9.087 §1, 6-9-2014]

ACTIVE SYSTEM

A solar heating or cooling system that requires technological assistance to transport collected heat. Examples include solar hot water heaters and photovoltaic systems.

[Ord. No. 9.087 §1, 6-9-2014]

ADMINISTRATIVE OFFICER

The officer designated and authorized by the Board of Aldermen to administer and enforce the zoning regulations and subdivision regulations.

ADVERTISING DEVICE OR DEVICES

Any billboard, sign, notice, poster, display, emblem or any structure for supporting said device.

ALLEY

A permanent public service way or right-of-way dedicated to public use, other than a street, place, road, crosswalk or easement, designed to provide a secondary means of access for the special accommodation of abutting property.

APARTMENT HOTEL

An apartment house which provides services for the use of its tenants, which are usually furnished by hotels, but the privileges of these services are not available to the public.

APPENDAGES

Steps, stoops, porches, and decks attached or immediately adjacent to a primary building.

[Ord. No. 9.087 §1, 6-9-2014]

ARRAY

A set of photovoltaic modules or panels connected together that function as a single unit.

[Ord. No. 9.087 §1, 6-9-2014]

AWNING

A roof-like shade that projects over a window or door or from a wall.

[Ord. No. 9.087 §1, 6-9-2014]

BED AND BREAKFAST

A home or other building, limited to a single structure, a portion of which is used for temporary occupancy by individuals who are lodged and provided with one (1) or more meals and in which provisions for the cooking and preparation of all such meals take place in a central kitchen and not in individual rooms or suites. Bed and breakfast facilities shall offer no more than four (4) sleeping rooms as overnight accommodations for compensation with no room or rooms being occupied by the same person or persons for more than fourteen (14) consecutive nights. Bed and breakfast facilities shall be permitted in all zoning districts by special use exception.

[Ord. No. 9.091 §1, 7-13-2015]

BLOCK

A unit of property entirely surrounded by public highways, streets, railroad rights-of-way, waterways or other barriers, or combination thereof.

BLOCK FRONTAGE

All the property fronting on one (1) side of a street between intersecting or intercepting streets or between a street and right-of-way, end of dead-end street or City boundary measured along the street line.

BUILDING

Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattel. When any portion thereof is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate building. At no time shall this definition be construed to include mobile homes.

BUILDING, DETACHED

A building having no party wall in common with another building.

BUILDING, HEIGHT OF

The vertical distance measured from the adjoining street centerline grade at a point opposite the center of the principal frontage of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

BUILDING LINE

The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line. The front line of the foundations of enclosed porches or vestibules if nearer the front lot line than the main foundations.

BUILDING, NON-CONFORMING

A legally existing building which fails to comply with the regulations set forth in this Chapter applicable to the district in which this building is located.

BUILDING PERMIT

A permit issued by the Planning and Zoning Commission granting a person the right to erect or alter a building subject to that person's meeting all of the requirements of all the codes and ordinances of the City.

BUILDING, SEMI-DETACHED

A building having one (1) party wall common with an adjacent building.

BUILDING SETBACK LINE or BUILDING LINE

The line nearest the front or side of and across a lot establishing the minimum yard to be provided between the principal building or structures and the lot line.

BUSINESS

An occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, wares, merchandise or services, or where there is the maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise or services.

CAMPGROUND

Any area or tract of land used for occupancy by tents, movable or temporary dwellings, rooms or sleeping quarters. A campground shall constitute two (2) or more such units.

CEMETERY

Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums or mortuaries when operated in conjunction with and within the boundary of such cemetery.

CERTIFICATE OF OCCUPANCY

A certificate signed by the Chairman of the Planning and Zoning Commission stating that the occupancy and use of land or a building or structure referred to therein complies with all codes and ordinances of the City.

CHURCH

Includes churches, synagogues, temples or other places of worship.

[Ord. No. 9.116, 12-9-2019]

CITY

The City of Weston, Missouri.

CLERK

The City Clerk of the City of Weston.

COMPREHENSIVE COMMUNITY PLAN

The complete plan or any of its parts prepared by the Planning and Zoning Commission and adopted by the Board of Aldermen in accordance with the authority conferred by Chapter 89, RSMo.

DISTRICT

A section of the City for which uniform regulations governing the use, height, area and intensity of use by buildings and land and open spaces about buildings are herein established.

DORMER

A structure projecting from a sloping roof, usually housing a window.

[Ord. No. 9.087 §1, 6-9-2014]

DORMITORY

A building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution. Fraternity and sorority houses should be classified as dormitories.

DRAINAGEWAY

A watercourse, gully, dry stream, creek or ditch which carries stormwater runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by stormwater sewers, or which serves the purpose of draining water from the lands adjacent to such watercourse, gully, dry stream, creek or ditch.

DUMP

Any premises used primarily for disposal by abandonment, discarding, dumping, reduction, burial, incineration or any other means and for whatever purpose of garbage, sewage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof, offal or dead animals.

DWELLING

A structure or building or portion thereof used exclusively for residential occupancy, including one-family and multiple dwellings and mobile home trailers, but not including hotels, lodging or boarding houses or tourist homes.

DWELLING, MULTIPLE

A building or portion thereof used for occupancy by three (3) or more families living independently of each other.

DWELLING, ONE-FAMILY

A building used for occupancy by one (1) family.

DWELLING, ROW

A building having a party wall on each side in common with an adjoining building unless it is situated as the outermost building; in the latter case, it will have a party wall on one (1) side only.

DWELLING, TWO-FAMILY

A building used for occupancy by two (2) families living independently of each other.

DWELLING UNIT

A dwelling or a portion of a two-family, multi-family or row dwelling or of an apartment hotel used by one (1) family for cooking, living and sleeping purposes.

EASEMENT

A grant by the property owner of the use of a strip of land by the public or a person for specified purposes.

EDUCATIONAL INSTITUTION

Pre-primary or grade, public, parochial or private school, high school, preparatory school or academy, public or founded or owned or conducted by or under the sponsorship of a religious or charitable organization; private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to colleges or universities which award B.A. or B.S. degrees; junior college, college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization, or private when not conducted as a commercial enterprise for the profit of individual owners or stockholders. This definition shall not be deemed to include trade or business school as defined in this Section.

ENGINEER

The City Engineer of the City of Weston.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems; elevated and underground water storage tanks, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

ESSENTIAL USES

Transmission lines, distribution systems and all appurtenances constructed and maintained for or by a utility company, either private or governmental.

FALSE MANSARD ROOF

Projection at the street facade end of the roof that appears as one (1) slope of a mansard roof and having short returns on each side; this projection conceals the fact that the building has a flat roof edged with a parapet.

[Ord. No. 9.087 §1, 6-9-2014]

FAMILY

One (1) or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants.

FARM

An area which is used for the growing of the usual farm products, such as grain, tobacco, fruit and vegetables and their packing or storage within the area, as well as used for the raising and breeding of farm animals and poultry including, but not limited to, cattle, sheep, horses and swine. The term "farming" includes the operating of such an area for one (1) or more of the above uses, including dairy farms, with the necessary accessory uses for packing, treating or storing produce; provided however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities.

FILLING STATION

Any structure or premises used for dispensing or sale, at retail, of automotive vehicle fuels or lubricants, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.

FLAT ROOF

Roof that is essentially flat, typically having a slope of one-fourth (1/4) inch per foot to one-half (1/2) inch per foot, and edged with a masonry parapet.

[Ord. No. 9.087 §1, 6-9-2014]

FLOODPLAIN

The areas adjoining any river or stream which have been, or may be expected hereafter to be, covered by floodwater.

FLOODWAY

The channel of a river or stream and those portions of the floodplains adjoining the channels which are required to efficiently carry the discharge of floodwater or flood flow of any river or stream.

FLOOR AREA (FOR DETERMINING FLOOR AREA RATIO)

For the purpose of determining the floor area ratio, the "floor area" of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The "floor area" of a building shall include basement floor area when more than one-half (½) of the basement height is above the finished lot grade level at the front of the building, interior balconies and mezzanines and enclosed porches and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in the floor area.

FLOOR AREA RATIO (F.A.R.)

The total floor area of the building or buildings on that zoning lot divided by the area of such zoning lot or, in the case of a Planned Unit Residential Development — Type A or B by the net site area.

FRONTAGE

Land abutting on one (1) side of a street, alley, right-of-way or waterway.

GARAGE, COMMUNITY

A group of minor garages, one (1) story in height, arranged in a row or surrounding a common means of access and erected for the use of adjacent property owners having no minor garage on their individual lots.

GARAGE, PARKING

Any building, except those herein defined as a private garage, used exclusively for parking of self-propelled vehicles and with not more than two (2) pumps for the incidental sale of gasoline.

GARAGE, PRIVATE

A detached accessory building or portion of a main building used for the storage of self-propelled vehicles where the capacity does not exceed three (3) vehicles, or not more than two (2) vehicles per family housed in the building to which such garage is accessory, whichever is the greater; not more than one-third (1/3) the total number of vehicles stored in such garage shall be commercial vehicles. Storage space for not more than three (3) vehicles may be rented for vehicles of non-occupants of the building to which garage is accessory.

GARAGE, PUBLIC

Any garage, other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

GARDEN APARTMENT

A multi-story walk-up apartment building, usually grouped around a common open space with off-street parking provided on the periphery of the site.

GROUP HOME

Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

HEALTH AUTHORITY

The legally designated City health official or authorized representative of the Missouri Division of Health.

HEALTH LICENSE

A written license issued by the Missouri Division of Health or its authorized representative pursuant to State Statutes whereby it enforces its standards of health and sanitation for the construction, alteration or extension of a mobile home trailer park subdivision.

HIGHLY VISIBLE

Seen in entirety and not at an oblique angle.

[Ord. No. 9.087 §1, 6-9-2014]

HISTORIC DISTRICT

A geographic area that has a significant historical interest or value as part of the development, heritage or cultural characteristics of the City, State, or nation, and that has been designated as a historic district pursuant to the provisions of the City of Weston Code Section 405.140.

[Ord. No. 9.087 §1, 6-9-2014]

HOME OCCUPATION

An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small name plate and in connection therewith there is not involved the keeping of a stock-in-trade. The office of a physician, surgeon, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument, limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods should be deemed to be home occupations; and the occupations of dressmaker, milliner, seamstress or beautician, each with not more than one (1) paid assistant, should be deemed to be home occupations. Dancing instruction, band instrument instruction in groups, tourist homes, real estate offices, convalescent homes, mortuary establishment and stores, trades or business of any kind not herein excepted should not be deemed to be home occupations.

Also allowed as a "home occupation" is:

A "day care home" or "day nursery" as defined in Section 605.120(B) of this Code, in Districts "R-1", "R-2" and "R-3" under the following conditions:

The "day care home" or "day nursery" shall have no more than one (1) paid assistant.

The Weston Fire Department shall at all reasonable times be authorized access to the premises to make up to two (2) inspections per calendar year and said "day care home" or "day nursery" shall be registered with the Weston Fire Department and shall provide a floor plan.

The operator shall hold a permit as required by Section 605.120 of this Code.

If any of the above conditions are violated, then, upon majority vote of the Board of Aldermen, the violating "day care home" or "day nursery" shall no longer be authorized to operate as a "home occupation".

HOSPITAL

"Sanitarium", "sanatorium", "preventorium", "clinic", provided such institution is operated by, or treatment given under, direct supervision of a physician licensed to practice by the State of Missouri.

HOSPITAL, ANIMAL

A lot, building, structure, enclosures or premises whereon or wherein three (3) or more dogs, cats and other domestic animals are kept or maintained and which is operated by, or the treatment therein is under direct supervision of, a veterinarian licensed to practice by the State of Missouri.

HOTEL

A building or portion thereof used for the more or less temporary occupancy of individuals who are lodged with or without meals and in which provision for cooking is made primarily in a central kitchen and not in the individual rooms or suites.

INSTALLATION PLAN

A plan of the roof on which a solar panel array is proposed for installation, showing the plan of the roof, the location of the proposed array, sections that show the pitch of the roof, height of parapet walls, height of the mount, and height of the solar panels, as appropriate for the planned installation.

[Ord. No. 9.087 §1, 6-9-2014]

JUNK YARD, INCLUDING AUTOMOBILE WRECKING AND STORAGE

Any lot, building, structure, enclosure, premises or parts thereof used for the storage, keeping or abandonment of any worn out, cast off or discarded or abandoned article, material, vehicle, automobile and machinery or parts thereof which is ready for destruction or sale or has been collected or stored for salvage or conversion to some use, including scrap metal, paper, wood, cordage or other waste or discarded materials, articles, vehicles, automobiles and machinery or parts thereof, or vehicles or automobiles that are inoperable or incapable of movement by their own locomotion or power, or vehicles or automobiles without a valid current State registration and license plate issued to said automobile or vehicle and to the occupant, owner, purchaser, lessor, lessee or tenant of any lot, building or structure therein or thereon situated.

JURISDICTION

The land area within the corporate limits of the City of Weston.

KENNEL

A lot, building, structure, enclosure or premises whereon or wherein dogs or cats are maintained, boarded, bred, kept or cared for in return for remuneration, or are kept for the purpose of sale, or are groomed, trained or handled for others.

LOADING SPACE

A space within the main building, or on the same lot therewith, providing for the standing, loading or unloading of trucks.

LODGING HOUSE (ROOMING HOUSE)

A building with more than two (2) but not more than ten (10) guest rooms where lodging of a permanent nature, with or without meals, is provided for compensation.

LOT

A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally dedicated public thoroughfare. In determining lot area, no part thereof within the limits of the proposed street rights-of-way shall be included.

LOT, CORNER

A lot abutting two (2) or more streets at their intersection.

LOT, FRONT

That part of a lot adjacent to and parallel with the street. The front of a corner lot shall be determined, at the time of application for the building permit, by either the owner, builder, developer or their agent and the Chairman of the Planning and Zoning Commission. Once the front is determined, the structure shall then be erected in conformity with the zoning and the subdivision ordinances.

LOT LINES

Lines bounding a lot as hereinafter described:

LOT LINEAny lot line other than a front street line or a rear lot line. A side lot line separating the lot from the street is a "side street line".

LOT LINE, FRONTThe line running along the front of the lot and separating it from the street. In this Chapter, the front lot line is called the "front street line". In a "through lot" both lines abutting the streets are deemed "front street lines".

LOT LINE, REARThe lot line generally opposite and parallel to the front street line, except in a "through lot". If a rear lot line is less than ten (10) feet long or the lot comes to a point at the rear, said rear lot line is assumed to be a line at least ten (10) feet long, lying wholly within the lot, parallel to the front street line or, if the front street line is curved, parallel to the chord of the arc of said front street line.

LOT OF RECORD

A lot which is a part of a subdivision, addition or survey, a plat of which is recorded, or a parcel of land described by metes and bounds consisting of five (5) acres or less, the plat or description of such parcel of land having been recorded in the office of the Recorder of Platte County prior to the effective date of this Chapter.

LOT, THROUGH

A lot having frontage on two (2) parallel or approximately parallel streets.

LOT WIDTH

The distance parallel to the front of a building erected or to be erected, measured between side lot lines at the building line.

MANAGER

(As it relates to manager of a bed and breakfast.) An individual whose primary responsibility is to conduct the business of the bed and breakfast in the absence of the owner of the fee simple title.

[Ord. No. 9.091 §1, 7-13-2015]

MANSARD ROOF

A roof having a double slope on all four (4) sides with the lower slope, which frequently incorporates dormer windows, being almost vertical and the upper slope almost horizontal.

[Ord. No. 9.087 §1, 6-9-2014]

MARIJUANA or MARIHUANA

Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (3/10 of 1%) on a dry weight basis, or commodities or products manufactured from industrial hemp.

[Ord. No. 9.116, 12-9-2019]

MARIJUANA-INFUSED PRODUCTS

Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.

[Ord. No. 9.116, 12-9-2019]

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY

A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana test facility, or to another medical marijuana-infused projects manufacturing facility.

[Ord. No. 9.116, 12-9-2019]

MEDICAL MARIJUANA CULTIVATION FACILITY

A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.

[Ord. No. 9.116, 12-9-2019]

MEDICAL MARIJUANA DISPENSARY FACILITY

A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.

[Ord. No. 9.116, 12-9-2019]

MEDICAL MARIJUANA FACILITY

A medical marijuana dispensary, medical marijuana cultivation facility, medical marijuana testing facility, and medical marijuana-infused products manufacturing facility.

[Ord. No. 9.116, 12-9-2019]

MEDICAL MARIJUANA TESTING FACILITY

A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.

[Ord. No. 9.116, 12-9-2019]

MINIMAL VISUAL PRESENCE

Effect created through the use of similar colors, textures, profiles, shapes, placement, and other means to minimize the presence of an object or element and allow it to be more of a background feature rather than one that calls attention to itself.

[Ord. No. 9.087 §1, 6-9-2014]

MOBILE HOME TRAILER

Any vehicle or mobile structure more than thirty (30) feet long on wheels, skids, rollers or blocks designed to be pulled, pushed or carried by a motor vehicle on a highway and designed for living as a dwelling unit, complete and ready for occupancy as such except for minor and incidental packing and assembly operations, location on permanent foundations, connections to utilities and the like.

MOBILE HOME TRAILER PARK SUBDIVISION

An area of land divided into two (2) or more lots or foundation parking slabs platted and laid out to provide sites for mobile homes permanently affixed to the land. The subdivision area should include any building or structure, fixture or equipment that is used or intended to be used in connection with providing that accommodation, including provisions for sewer, water, electric and any other similar facilities required to permit occupancy of such mobile homes parked thereon. The term "mobile home trailer park subdivision" should also be know as "subdivision" defined below.

MOTEL

A permanent building or group of buildings containing rooms without cooking facilities used, rented or hired out for the more or less temporary occupancy of overnight guests.

MOTOR VEHICLE

Includes automobiles, trucks, tractors, trailers, semi-trailers, airplanes, buses and farm implements, whether self-propelled or designed to be pulled, pushed or carried by another motor vehicle.

MOUNT

A method of attaching solar panels to the roof or ground.

[Ord. No. 9.087 §1, 6-9-2014]

NET SITE AREA

That area, in the case of a development plan, not occupied by rights-of-way.

NON-CONFORMING USE

A legally existing use of land or building which fails to comply with the regulations set forth in this Chapter applicable to the district in which such use is located.

NURSING HOME

A building designed and intended for use as a medical care facility for the chronically ill, incapacitated or aged, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment and intensive care of the sick and injured.

PARAPET

That portion of the walls of a building that project above the roof to edge a flat roof or rise in front of a sloped roof.

[Ord. No. 9.087 §1, 6-9-2014]

PARK SUBDIVISION

The total acreage platted for development into a mobile home trailer park subdivision.

PARKING AREA, PUBLIC

An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation or an accommodation for clients or customers.

PARKING SPACE

An off-street space available for the parking of one (1) motor vehicle and having an area of not less than two hundred (200) square feet, exclusive of passageways and driveways appurtenant thereto, and giving access thereto and having direct access to a street or alley.

PERMANENTLY AFFIXED

A mobile home should be deemed to be permanently affixed to the land when, in accordance with its owner's intent, its wheels, skids, rollers or other transporting devices have been removed and it has been so placed upon a lot possessing a compact gravel or concrete slab foundation to support the home in order to make it immobile and stationary.

PERSON

A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.

PHOTOVOLTAIC (PV)

Technology that converts sunlight (photons) into electrical energy through the use of silicon crystals or another semiconductor.

[Ord. No. 9.087 §1, 6-9-2014]

PLACE

A open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

PLAN

The Comprehensive Community Plan as defined above.

PLANNING AND ZONING COMMISSION

The Weston Planning and Zoning Commission.

PLAT

A map indicating graphically a proposed land subdivision or resubdivision prepared in a form suitable for filing for record with necessary affidavits, dedications and acceptances and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land.

RESIDENTIAL DWELLING

Any building, structure, or part of a building or structure that is used and occupied for human habitation or intended to be so used, including any appurtenances belonging to it or enjoyed with it.

[Ord. No. 9.105, 6-11-2018]

RESIDENTIAL DWELLING RENTAL

A single residential dwelling or any part thereof offered for rent to transient guests. This definition shall not include a lodging establishment as defined under Section 31.005, RSMo.

[Ord. No. 9.105, 6-11-2018]

ROOF CONFIGURATION

Arrangement of all historic roof elements, including roof slopes, chimneys, dormers, cupolas, decorative cresting, and any other features that might be present.

[Ord. No. 9.087 §1, 6-9-2014]

ROOF ELEMENT

Historic feature at the roof of the building, including dormers, roof cresting, decorative or distinct eaves, cupolas, and other similar features.

[Ord. No. 9.087 §1, 6-9-2014]

ROOFING MATERIAL

The visible, wearing surface of a roof, typically asphalt or wood shingles, slate shingles, clay tile panels or shingles.

[Ord. No. 9.087 §1, 6-9-2014]

SANITARY LANDFILL

The disposal of garbage by the trench and cover method or fill and borrow method. In the first (1st) case, an excavation will be made and the garbage placed in the excavation and covered with the dirt which was removed. In the second (2nd) case, the fill may be made in a low area and dirt borrowed from higher ground will be spread over the top of the garbage.

SEA-LAND CARGO/SHIPPING CONTAINER

Sometimes known as a "Seatrain" or "Connex," is a prefabricated metal structure designed for use as an individual shipping container in accordance with International standards.

[Ord. No. 9.099, 3-20-2017]

SENSE OF PLACE

Physical attributes of the natural and built environment as viewed from the public right-of-way of major thoroughfare roads in a designated view shed overlay zone that evoke the historic character of the City of Weston.

SIGN

Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figures or colored material on any building, structure or surface. Signs placed or erected by public agencies for the purpose of showing street names or traffic directions or regulations or for other governmental purposes or signs which are part of the architectural design of the building shall be included herein.

SITE PLAN

A plan of the parcel on which the building to receive a solar panel installation is located, showing all buildings, paved areas, and other major features, as well as the roof plan and position of the proposed solar panel array on the roof.

[Ord. No. 9.087 §1, 6-9-2014]

SLOPED ROOF

Roof with planes with a noticeable pitch, including gabled, hipped, and mansard roof shapes.

[Ord. No. 9.087 §1, 6-9-2014]

SOLAR PANEL

A general term for the smallest discrete unit of a system that captures solar energy, usually measuring several feet on each side. It may refer to an electrical device consisting of an array of connected solar cells which converts solar energy into electricity or a device that captures thermal solar energy for space heating or domestic hot water production. Solar energy devices are commonly referred to a photovoltaic (PV) panels.

[Ord. No. 9.087 §1, 6-9-2014]

SOLAR SHINGLE (ALSO CALLED PHOTOVOLTAIC SHINGLES)

Solar cells designed to appear similar to conventional asphalt shingles and to be installed as shingles.

[Ord. No. 9.087 §1, 6-9-2014]

STORY

That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless more than one-half (½) of the basement height is above grade level at the front of the building.

STREET

A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A street may be designated as a highway, thoroughfare route, parkway, boulevard, road, avenue, lane, drive or other appropriate name. The major highways, arterial routes and collector streets are designated on the transportation plan of the Comprehensive Community Plan for Weston, Missouri. For the purpose of this Chapter, streets shall be classified as follows:

ARTERIAL ROUTESThese facilities serve to accommodate crosstown traffic, to interrelate principal activity centers within the community and to interconnect the City street network with the major highway system. In addition, arterial routes provide access to abutting land whether commercial, industrial or residential.

BUSINESS ACCESS STREETSThese streets provide direct access to business and office establishments within the central business district and within highway commercial districts.

COLLECTOR STREETSThese facilities serve intra-City movements of traffic, such as that moving between a subdivision and arterial streets. The principal difference between the collector street and streets or highways of higher classification is the length of trip each principally serves. The collector streets are intended to supply the abutting property with the same degree of land service as a residential access street, while at the same time serving larger volumes of traffic.

INDUSTRIAL ACCESS STREETSThese streets provide direct access to industrial and wholesale establishments and are intended to carry heavy truck traffic and employee traffic, both at relatively low speeds.

MAJOR HIGHWAYSThis type of facility serves mainly to carry the major flow of through traffic; Missouri and U.S. marked routes, as well as important County roads and important intra-City streets, are considered under this classification. Where a highway is a non-limited access route, these facilities also perform a secondary function of providing direct access to abutting land and thus interconnect principal traffic generators.

RESIDENTIAL ACCESS STREETSThe sole function of these streets is to provide access to the immediately adjacent residential property. Residential access streets are intended to carry low volumes of traffic with the bulk of this traffic consisting of local resident and visitor vehicles, as well as a limited number of service vehicles.

STRUCTURE

Anything constructed, erected or placed which requires location on the ground or attachment to something having a location on the ground. Devices used for the support of wires and appurtenances supplying public utility services shall not be considered as structures under this Chapter.

SUBDIVIDER

Any person responsibly engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this Chapter.

SUBDIVISION

The division of any parcel of land shown as a unit, as part of a unit or as contiguous units on the last preceding transfer of ownership thereof, into two (2) or more parcels, sites or lots, any one (1) of which is less than five (5) acres in area, for the purpose, whether immediate or future, of transfer or ownership, except, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be considered a subdivision; or

The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by the owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public utilities and facilities; provided however

That where no new streets or roads are involved, divisions of land for agricultural purposes where the resulting parcels are more than three (3) acres or larger in size, divisions of property by testamentary or intestate provisions, or divisions of property upon court order shall not be considered subdivisions.

THOROUGHFARE

A street or highway designated in the Comprehensive Plan and designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic.

TOURIST HOME

A building in which more than one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations for transient guests for compensation.

TRADE OR BUSINESS SCHOOL

Secretarial school or college, business school or college when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization, school conducted as commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing or for teaching industrial skills in which machinery is employed as a means of instruction. This definition shall not be deemed to include educational institution as defined in this Section.

TRAILER

A mobile home trailer as herein defined.

TRANSIENT GUEST

Any person who rents and occupies a guest room in a residential dwelling rental for no more than thirty-one (31) consecutive days during a calendar quarter.

[Ord. No. 9.105, 6-11-2018]

TRAVEL TRAILER

Any vehicle or mobile structure designed for highway travel less than thirty (30) feet long on wheels, skids, rollers or blocks designed to be pulled, pushed or carried by motor vehicle, and any house car, camp car, "piggyback" camper or self-propelled motor vehicle, which is designed for sleeping or commercial purposes and which is complete and ready for occupancy as such except for minor and incidental unpacking and assembly operations, location on racks, connections to utilities and the like.

USE

The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.

USE, OPEN

The use of a lot without a building or dwelling, or including a building or dwelling, incidental to the open use with a ground floor area equal to five percent (5%) or less of the area of the lot.

VIEW SHED

A visually sensitive area that is visible from the public right-of-way of major thoroughfare roads in a designated view shed overlay zone.

VISIBLE

Visibility shall be determined as seen from the sidewalks and streets in the historic district when viewed approximately six (6) feet above street grade. Fences and freestanding walls are considered permanent, and objects hidden by them shall not be considered visible.

[Ord. No. 9.087 §1, 6-9-2014]

VISUAL COMPATIBILITY

A condition achieved when the object to be considered compatible is designed and placed to have minimal visual presence and does not adversely visually affect the surrounding area.

[Ord. No. 9.087 §1, 6-9-2014]

YARD

A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this Chapter.

YARD, FRONT

A yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the front of the main building.

YARD, REAR

A yard extending the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.

YARD, SIDE

A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally and perpendicularly from the nearest point of the side lot line toward the nearest part of the main building.

ZONING DISTRICT MAPS

A City base map showing zone district designations in accordance with the zone districts described in this Chapter.

ZONING LOT

A single tract of land located within a single block which (at the time of the filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot of record. The zoning lot shall have adequate frontage on an improved dedicated roadway of adequate width.

ZONING ORDINANCE

An official text and map which divides the land area within the City of Weston into zone districts and which contains administrative procedures as well as land use controls and design standards relating to various zone districts.